Page No.# 1/3 GAHC010028342023 2025:GAU-AS:11503 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/582/2023 ON THE DEATH OF PRADIP HAZARIKA HIS LEGAL HEIRS 1.1: MRS. RINKY ROY HAZARIKA W/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSAM 1.2: RISHAL HAZARIKA S/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSAM 1.3: MISS RIPSY HAZARIKA D/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSAM VERSUS ROMEN DAS AND 2 ORS. S/O LATE PRAFULLA DAS R/O VILL-BILOTIA NEGHIRITING P.S.-DERGAON DIST-GOLAGHAT-785703 ASSAM (DRIVER OF THE CAR NO AS-03-D-5342) Page No.# 2/3 2:PANKAJ DAS S/O LATE PRAFULLA DAS R/O VILL-BILOTIA NEGHERITING P.S.-DERGAON DIST-GOLAGHAT-785703 ASSAM (OWNER OF CAR NO-AS-03-D-5342) 3:THE REGIONALA MANAGER ORIENTAL INSURANCE CO. LTD. G.S. ROAD ULUBARI GUWAHATI-781007 DIST-KAMRUP (M) ASSAM (INSURER OF CAR NO. AS-03-D-5342) ------------ Advocate for : MR. A R AGARWALA Advocate for : MR. R C PAUL appearing for ROMEN DAS AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 27.08.2025 Heard Mr. C. M. Mahanta, learned counsel for the applicant. Also heard Mr. Iranglube, learned counsel appearing on behalf of Mr. R. C. Paul, learned counsel for the respondent No.3. This application under Order XXII Rule 4 of the Code of Civil Procedure has been filed with a prayer for substitution of the legal heirs of the deceased applicant, namely Lt. Pradip Hazarika. Mr. Mahanta, learned counsel for the applicant, submits that during the pendency of MAC Appeal No. 28/2017, the applicant, Lt. Pradip Hazarika, passed away on 21.03.2018, leaving behind the following legal heirs: Page No.# 3/3 i. Mrs. Rinky Roy Hazarika (wife); ii. Sri Rishal Hazarika (son); and iii. Ms. Ripsy Hazarika (daughter). The learned counsel further submits that there was no willful negligence on the part of the applicant in this regard, and accordingly prays for substitution of the name of the deceased applicant, Lt. Pradip Hazarika, with that of his aforesaid legal heirs. Mr. Iranglube, learned counsel for respondent No. 3/Insurance Company, has raised no objection to the substitution of the legal heirs of the deceased/applicant. Considering the facts and circumstances of the case, and in the interest of justice, the Interlocutory Application for substitution is hereby allowed. The applicant is directed to file the amended cause title of the Memo of Appeal, substituting the name of the deceased applicant with those of his legal heirs, as mentioned above. The Interlocutory Application stands disposed of in terms above. JUDGE Comparing Assistant